HomeChild SupportIf you take your ex to ORS because he won’t pay child support, do they require that you…?
Posted in Child Support on 12th March 2014

If you take your ex to ORS because he won’t pay child support, do they require that you…?
…have a paternity test done?
My sister has just gone through a divorce and her ex will not pay the child support for the 4 kids they have together. She is thinking about going to ORS, and is wondering if they require a paternity test…

Best answer(s):

Answer by shoshidad
Got no idea who ORS is.

Assuming its a US state agency, they will follow the state law on paternity. In every state the child of a woman who was married at the time of probable conception and was living with the husband at that time, is deemed the child of the husband — regardless of who the biological father is.

In some US states either the husband or wife can file an action to determine actual paternity. However, in the few states that allow this, the action must be filed within a very short time after the child’s birth. In California, the action must be filed before the child turns two years old.

In almost all states a judicial decree that a child is a child of the marriage, or that the husband is to pay child support for that child, such as would be contained in a divorce decree, is a binding determination that the husband is the legal father of the child.

Answer by Pancho N Lefty
There will be no paternity test unless there is a court order after a hearing after your sister’s ex affirmatively requests the test. No state agency is going to go through any extra difficulties if they do not have to do it. And they do not want to pay for the tests unless there is a legitimate basis to do so. ORS needs to know if there is already a divorce and custody order, how old the children are, who is listed as the father on the birth certificates and whether there has been an explicit or implicit acknowledgment of paternity by the purported father. If the there is a divorce order, if the children are older than 3 or 4 years old and your sister’s ex has any history of having supported them, then he is on the hook for further support orders and collection of arrearages.

Answer by Truth Sets You Free
If your sister has a current court order for the ex to pay child support, she can file a motion to enforce the child support..in family court..

Answer by George McCasland
Every father should demand a paternity test before paying child support. Over 30% of the tests come out negative. So, I certainly hope so.

Answer by Anderson
I have a sister and some friends that hae been through all this before and I do know for a fact if he denies being the father then YES they will request a DNA, therefore if he is not denying being the father then they should not cause there is no need for it, but honey if he owes it , make him pay. There are so many out there today getting away with it, it took me almost 5 yrs. to receive child suppot..hope this helps some..

Answer by Brandon
If the children were concieved during an “intact” marriage, then the husband is presumed the father, and if he is listed as the child’s father on the birth certificate, then he should not be given the option to even ASK for a paternity test. (I’m in KS, might be different where you are)

If he is contesting that he is the father, and he is NOT listed on the birth certificate, then yes, they would require a DNA test to confirm that they are his children.

If it was stated in the divorce decree that he would pay “X” amount of child support and just ISN’T paying it, then she should contact her lawyer or the county clerk. He is in violation of a legal court order and can be held accountable.

They should also be able to process a request to have his wages garnished and he will be required to pay all “back child support” from the date of the seperation or date of divorce decree (whichever is stated in the legal paperwork).

If they have already gone through their divorce and he did not contest the paternity of the children at that time, then he should not be able to now.

She should definitely contact her lawyer to help her with this if it continues.

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